Wal-Mart bike suit comes back to St. Clair again
A product liability suit stemming from a boy's bike accident in 2006, is back in St. Clair County after unsuccessful attempts by defendants Wal-Mart and Dynacraft to remove the case to federal court.
Plaintiff Lisa Willyard is suing over what she claims was a defective bike that injured her son, Tony Willyard. She is seeking unspecified damages, costs and medical bills.
According to her complaint, Willyard bought the bike from Wal-Mart's Cahokia store where staff assembled it. Her son, Tony, was riding it three days later on June 4, 2007 when the handle bars detached, causing the boy to lose control of the bike, to flip and to sustain injuries.
The suit contends that the boy suffered a right scapular fracture, torn labrum, an AC joint injury, as well as injuries to his back, collarbone, head and neck.
It alleges that the bike was improperly put together, causing the accident.
Wal-Mart attempted to remove the case to federal court claiming that the Willyards are Missouri residents which creates a diversity of citizenship when coupled with monetary uncertainties covered by federal statute.
U.S. District Judge David Herndon ruled that Wal-Mart did not make a case for the suit's removal to the federal docket in February 2009.
Dyancraft, the bike maker, was later added to the suit. It filed a move to remove the case to federal court in late March. The case returned to St. Clair County on April 17.
This is currently the last action in the case recorded by the court file.
Willyard is represented by David Damick. Walmart is represented by, according to court documents by Jamie Bas and Darrell Flesner. Dyancraft is represented by Chad Silker.
The case is St. Clair case number 08-L-280.